Part IIIControl of sex shops and sexual entertainment venues

F1Conditions of licences granted under this Part

45EMandatory licence conditions

(1)

The Scottish Ministers may by order prescribe conditions to which licences granted by local authorities under this Part are to be subject.

(2)

Different conditions may be prescribed under subsection (1)—

(a)

in respect of different licences or different types of licence,

(b)

otherwise for different purposes, circumstances or cases.

(3)

An order under subsection (1) is subject to the affirmative procedure.

(4)

Subsection (1) does not affect any other power of the Scottish Ministers under this Act or any other enactment to prescribe conditions—

(a)

to which licences granted by local authorities under this Part are to be subject, or

(b)

to be imposed by local authorities in granting or renewing licences under this Part.

(5)

The following conditions are referred to in this Part as “mandatory conditions”—

(a)

conditions prescribed under subsection (1),

(b)

conditions prescribed under any power referred to in subsection (4), and

(c)

conditions imposed, or required to be imposed, by any provision of this Part.

(6)

In this section and section 45F, references to licences granted by local authorities include references to—

(a)

licences renewed by local authorities, and

(b)

licences deemed by virtue of section 45D to have been granted or renewed by local authorities.